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2022 Supreme(Guj) 627

BIREN VAISHNAV
Saralaben Rashmikant Dholkiya – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR SHIVANG M SHAH, MS DHARA M SHAH, MS SONIA S SHAH

ORDER :

1. Heard Mr. Shivang Shah, learned advocate appearing for the petitioner and Mr. Utkarsh Sharma, learned AGP on behalf of the respondent-State. Though served none appears for the respondent no. 3 Nagarpalika.

2. Rule. Mr. Sharma, learned Assistant Government Pleader for the respondent - State waives service of notice of Rule.

3. On 21.09.2021, this Court has passed the following order:

    “Heard learned Advocate Ms. Dhara M. Shah for the petitioner and learned AGP Mr. Uttkarsh Sharma for the respondent No.1. By way of this petition, the petitioner raises a grievance that while the petitioner had retired in the month of May, 2018, the respondents had deducted an amount of Rs. 3,24,000/- from her retiral dues on the ground that the same had been overpaid to the present petitioner.

Learned Advocate Ms. Shah would submit that undoubtedly the entire amount has been recovered, but at the same time the fact of the present petitioner being a Class-IV employee could not have been ignored. Furthermore, learned Advocate would submit that by the time the recovery had been initiated, the respondents were under an obligation not to recover such amount from the petitioner as per the law laid down

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